Disposed

Avaneesh @ Toni and 4 Others v. State of U.P. and Another

Allahabad HC7 Nov 2023A482/32313/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of proceedings based on a filed compromise. The court directed the lower court to issue notices and verify the compromise personally before any further action or potential quashing.

What did the court decide?

No coercive action against applicants pending verification of compromise by the lower court; lower court directed to verify compromise.

Avaneesh @ Toni and 4 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:214001

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 32313 of 2023

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Applicant :- Avaneesh @ Toni And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants, learned Additional Government Advocate for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 11.08.2021, cognizance order dated 12.05.2022 and proceedings of Case No. 10455 of 2022 (State Vs. Avaneesh @ Toni and others) arising out of Case Crime No. 190 of 2021, under Sections 498A, 354 IPC and Section 3/4 Dowry Prohibition Act, Police Station New Agra, District Agra pending in the court of Chief Judicial Magistrate, Agra.

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It is submitted by learned counsel for the applicants that applicant no. 1 is husband of opposite party no. 2 and rest of the applicants are family members of the applicant no. 1. Marriage of applicant no.1 was solemnized on 11.05.2018 with the opposite party no. 2, but their marriage was not successful, as a result thereof, on account of acrimonious relation, the opposite party no. 2 lodged the impugned F.I.R. on 03.07.2021 against the applicants for the offence under Sections 498A, 307, 354 IPC. Investigating OfÏcer after investigation submitted charge-sheet on 11.08.2021 under Sections 498A, 354 IPC and Section 3/4 Dowry Prohibition Act, on which the Magistrate concerned took cognizance. Thereafter, the parties concerned have settled their dispute outside the Court and a petition under Section 13B of Hindu Marriage Act has been filed on 17.02.2023 before the concerned Family Court, which is still pending. It is also submitted that a compromise application dated 30.10.2023 has been filed before

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the concerned court below, where criminal proceeding against the applicants is pending. Said compromise application has been brought on record as Annexure No. SA-1 to the afÏdavit dated 31.10.2023.

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Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Court below, as such said compromise has to be duly verified in presence of the parties concerned before the Court.

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Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise has already been filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter, proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. The court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

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Till verification of compromise between the parties by the court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

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Order Date :- 7.11.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

Avaneesh @ Toni and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Avaneesh @ Toni and 4 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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